소음ㆍ진동 피해에 대한 사업손실보상의 범위와 기준에 관한 연구

Abstract

What is most urgent in relieving damage, is setting the scope and standards for the compensation to facilitate the damage relief from the business loss. The problems are firstly, due to the atypical nature of the damage from noise or vibration, it is hard to set the scope of the compensation. Secondly, when judging the causal relationships, it is difficult to obtain probability, and to tell who is responsible for the verification. Thirdly, the standards for the existing damage relief from the acceptable level of noise or vibration is different from that under the noise/vibration-related regulations. Forth, the standards for calculating the compensations do not consider the position of the victim. Lastly, since these scopes or standards are not legally binding, they lack consistency and impartiality. To solve these problems, firstly, the scope of compensation should be set even if it is limited, in the beginning, to the buildings and livestock losses that are highly frequent among expected property losses. Secondly, the proof of the causal relationships should be made in the way in which the victim proves the probability and the harmer proves the absence of the causal relationships. Thirdly, the standards for the acceptable level should be improved and unified into one, considering the dB of noise and vibration, regional characteristics, distance from the source of the noise or vibration, the added weight of the circumstances of the victim, etc. Forth, the standards for the compensation calculation should include the difference in value from the previous objects, and as for buildings, the difference in the actually spent construction cost should be also included in the compensation for newly built ones. Fifth, the scope and standards of damage should be regulated as an Act and added to the Clause stipulating the compensation for the outside of the business site.